The constitutional prohibition against double jeopardy protects a criminal defendant against a second prosecution for the same crime after acquittal or conviction. It also protects criminal defendants from suffering “multiple punishments for the same offense.” However, Massachusetts courts have repeatedly stated, in multiple cases, that license suspensions are remedial and not punitive. They are designed to promote public safety and not to punish drivers. Therefore, they do not violate the constitutional prohibition against “double jeopardy,” which applies only when the law at issue is criminal or punitive in nature. License suspensions are civil and not punitive.

Because of the non-punitive nature of Melanie’s Law and the ignition interlock and DUI license suspensions associated with it, appeals characterizing these measures as constituting “double jeopardy” are certain to fail, as all other similar appears have. Pursuing a license suspension or ignition interlock appeal on the basis of “double jeopardy” is simply a waste of time and money. Instead of wasting time and money by trying to claim that your suspension is unconstitutional, a good Registry or DUI Lawyer should review your case to see if there are any other, more viable, grounds for appeal. Under the right circumstances, license suspensions can be dramatically reduced or even eliminated in some cases.

Mass. RMV Lawyers is not a government agency or affiliated with the Massachusetts Registry of Motor Vehicles or any DMV. You can reach the suspension section of the Mass. RMV at 857-368-8200 and you can reach the Mass. Board of Appeal at 617-521-7794.

This web site presents general information about Massachusetts RMV Lawyers and it is not intended as legal advice and it should not be considered or relied upon as such. Contacting Mass. RMV Lawyers by email or telephone will not establish an attorney-client relationship, which can only be established through mutual agreement and with written communication of the legal fee and terms of representation. Absent current confirmation of engagement, any information or documents transmitted by you to us will not be treated as confidential, secret, or protected in any way. The contents of this web site is considered attorney advertising and Attorney Brian E. Simoneau is responsible for its content. Mass. RMV Lawyers is not a state agency or affiliated with the Registry of Motor Vehicles. We are private practice attorneys who assist clients with Massachusetts License Reinstatement and Hardship License cases. If you are attempting to reach the Massachusetts Registry of Motor Vehicles Driver Control Unit (Suspension Department), you can call the RMV at 857-368-8200. You can reach the Board of Appeal of the Massachusetts Division of Insurance at (617) 521-7794.